An auction of public property cannot be cancelled for non-payment of the balance amount without first attempting to recover the dues as arrears of land revenue, as mandated by statutory rules. Furthermore, a conditional appellate order is rendered final once the specified conditions are satisfied by the party.

sJUDGMENT :

HARSH BUNGER J.

1 Petition herein is, filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for setting aside the order dated 04.03.1998 (Annexure P-5) passed by learned Commissioner, Ferozepur Division, Ferozepur.

1.1 A further prayer has been made for directing cancellation of sale of plot in favour of respondents No.6 and 7 herein and to further confirm the auction in favour of the petitioners.

2. Briefly, a plot measuring 2 kanals and 5 marlas comprised in khasra No.186//1/3min(1-17), 2/1/1(0-8) situated at Ferozepur was put to auction on 22.01.1980; wherein respondents No.6 and 7 were the successful bidders for the amount of Rs.24,200/-. It appears that the earnest money was deposited at the spot; however the balance was to be paid upon confirmation of sale by the learned Sales Commissioner.

3. It appears that the aforesaid sale in favour of respondents No.6 and 7 was confirmed on 20.10.1980; however, the learned Tehsildar (Sales) vide order dated 14.04.1981 (Annexure P-1) cancelled the sale in favour of respondents No.6 and 7 on the ground that the auction purchaser had failed to deposit the balance amount; accordingly earnest money of Rs.4840/- deposited by respondents No.6 and 7 were forfeited and a further direction was issued to re-auction the land. It appears that the aforesaid property was re-auctioned on 19.05.1983, wherein the present petitioners were the highest bidder for an amount of Rs.24,300/-; however, the said auction was neither confirmed by the learned Sales Commissioner nor it was rejected.

4. It transpires that in January, 1994, respondents No.6 and 7 challenged the order dated 14.04.1981 (Annexure P-1) by filing an appeal before the learned Sales Commissioner, Ferozepur, inter alia, on the plea that no notice was given to them before passing the aforesaid order dated 14.04.1981 (Annexure P-1) nor they were heard, which was the violation of principles of natural justice. It was pleaded that, the balance amount was to be paid only after confirmation of the sale by the learned Sales Commissioner; however, no notice regarding this was given to them. It was further pleaded that, they were in the possession of the land in question and upon learning about the order dated 14.04.1981 (Annexure P-1) on 28.12.1993 from the office of learned Tehsildar, they immediately filed an appeal; accordingly they prayed that the aforesaid order dated 14.04.1981 be set aside and they may be permitted to deposit the balance amount.

5. The learned Sales Commissioner, Ferozepur vide order dated 31.01.1994 (Annexure P-2) came to the conclusion that neither notice was given to respondents No.6 and 7 before cancellation of sale in their favour nor any notice regarding depositing of amount was issued to them after the confirmation of sales by the learned Sales Commissioner; accordingly, the appeal filed by respondents No.6 and 7 was accepted and the matter was remanded to the learned Tehsildar (Sales) for fresh decision, after affording opportunity to respondents No.6 and 7 herein.

5.1. It appears that on remand, learned Tehsildar (Sales) vide order dated 16.05.1994 (Annexure P-3) allowed respondents No.6 and 7 herein to deposit the balance amount.

6. Thereafter, the present petitioners preferred an appeal against the aforesaid order dated 16.05.1994 (Annexure P-3) before the learned Chief Sales Commissioner, Ferozepur w